PURPOSE: to establish a Community system to prevent,
deter and eliminate illegal, unreported and unregulated fishing (IUU).
LEGISLATIVE ACT: Council Regulation (EC) No 1005/2008
establishing a Community system to prevent, deter and eliminate illegal,
unreported and unregulated fishing, amending Regulations (EEC) No 2847/93,
(EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No
1093/94 and (EC) No 1447/1999.
CONTENT: the Regulation establishes a Community system to
prevent, deter and eliminate illegal, unreported and unregulated fishing
(IUU). In this context, each Member State shall take appropriate measures, in
accordance with Community law, to ensure the effectiveness of that system.
The system shall apply to all IUU fishing and associated
activities carried out within the territory of Member States to which the
Treaty applies, within Community waters, within maritime waters under the
jurisdiction or sovereignty of third countries and on the high seas. IUU
fishing within maritime waters of the overseas territories and countries
shall be treated as taking place within maritime waters of third countries.
The purpose of the Regulation is to:
- ensure
the sustainability of fish stocks and to improve the situation of
Community fishermen exposed to unfair competition from illegal products,
but also to meet consumers' demand for sustainable and fair fishery
products;
- halt
the import of IUU fishery products into the European Union by
introducing measures which cover the entire supply chain (fishing,
transhipment, processing, landing and marketing), "from the net to
the plate".
The main points of the Regulation are:
- maintaining
an effective scheme of inspections in port for third country
fishing vessels calling at the ports of Member States. In this context,
the monitoring of landing by third country fishing vessels should be
improved via new conditions applying to access to Community ports and to
transhipments. Member States shall carry out inspections in their ports
of at least 5% of landings, transhipments and on-board processing
operations by third country fishing vessels each year;
- the
establishment of a certification scheme covering all imports of
fishery products with the exception of products from inland fisheries
and aquaculture. Fishery products shall only be imported into the
Community when accompanied by a catch certificate? certifying that such
catches have been made in accordance with applicable laws, regulations
and international conservation and management measures;
- the
establishment of an alert system that will inform Member States'
supervisory authorities of doubts pertaining to the compliance with conservation
measures of products from certain fishing vessels, operators or States.
The Commission shall publish on its website and in the Official Journal
of the European Union (C series) an alert notice to warn operators and
to ensure that Member States take appropriate measures in respect of the
third countries concerned;
- the
introduction of an EU 'blacklist' of non-complying vessels,
together with detailed rules for compiling that list, the implications
of being blacklisted, and, in certain cases, the consequences for third
countries which harbour such vessels;
- an
approximation within the EU of the levels of sanctions for serious
infringements to the CFP: Member States will impose a maximum fine
of at least five times the value of the fishery products obtained by
committing the serious infringement and at least eight times the value
of the fishery products in the event of a repeated serious infringement
within a five-year period. They may also, or alternatively, use
effective, proportionate and dissuasive criminal sanctions;
- provisions
strengthening the responsibility of Member States towards their
nationals when they are taking part in or supporting fishing activities
outside the Community;
- strengthening
cooperation between supervisory authorities: a system for mutual
assistance shall be established, which shall include an automated
information system, the "IUU fishing information system",
which shall be managed by the Commission or a body designated by it, to
assist competent authorities in preventing, investigating and
prosecuting IUU fishing;
Reports:
every two years, Member States shall transmit a report to the Commission on
the application of this Regulation not later than 30 April of the following
calendar year. On the basis of the reports submitted by the Member States and its own observations, the Commission shall draw up a report every three years
to be submitted to the European Parliament and to the Council.
ENTRY INTO FORCE: 29/10/2008.
APPLICATION: from
01/01/2010.